The food safety regulator has done away with process of product approvals in line with a recent Supreme Court order and now plans to reintroduce the procedure through regulations.Shambhavi Anand | ET Bureau | August 28, 2015, 08:21 IST

NEW DELHI: The food safetyregulator has done away with process of product approvals in line with a recent Supreme Court order and now plans to reintroduce the procedure through regulations.

The move, however, has left the industry confused about pending applications and new product launches.

The Food safety Standards Authority of India (FSSAI) in a circular said, “It is no longer possible for FSSAI to continue with the process of product approvals, which was facilitated through the advisory dated 11 May 2013, in view of the order dated 19 August 2015 of the Supreme Court, whereby the judgement and the order dated 1 August of the Bombay High Court has gained finality and the said advisory has ceased to remain operative.”

The court ruled that the process introduced through an advisory had no legal standing and asked FSSAI to get the government to change the regulations to enact the procedure.

In its circular FSSAI said, “Every endeavour will be made to expedite the regulations governing Section 22 products.”

Products specified under Section 22 include food supplements, food for special dietary uses and functional foods.

While the move to quash the advisory was welcomed, industry association All India Food Processors Association (AIFPA) has raised concerns over lack of clarity on what will happen to pending applications and new product launches as it will take some time for the regulation to be put in place.

“The regulator is now trying to convert the advisory on food approval into regulations but this will take some time,” said Amit Dhanuka, president of AIFPA.

“There is no clarity on what will happen till then. FSSAI did not clarify on new product launches or applications which are already in the pipeline. It may be the case that product launches may not be allowed at all until a fresh regulation comes in,” he said.

Under the earlier regime, product approval was required only if there was a new ingredient or additive being introduced.

ET VIEW:Needed, Clarification by FSSAI The food regulator has been constrained by the Supreme Court to upgrade its advisory on food product approvals to a regulation. What are food companies supposed to do in the interim? Hold all new product launches? Launch products anyway? The regulator should clarify what food companies should do, on the applications already in the pipeline and will accumulate till new regulations are framed. Launching on trust would be a good idea, with the FSSAI cracking down on any product that it finds harmful, ex post, with heavy penalties that consumers can augment with class action suits.